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Officer grilled over search

A Senior Customs officer was grilled yesterday over his memory of the sequence of events and facts pertaining to the seizure of over 150 grams of heroin at the Bermuda International Airport.

Michael Troy Berkley denies four drug related offences, including importing 155 grams of heroin with intent to supply and importing 13 grams of cannabis.

The drugs were allegedly found inside several organic hair care products and a brush by Senior Customs Officer Edward Lambert on May 10, 2004. Mr. Lambert told the court that he questioned Berkley about his travels and said the defendant told him he had been in Jamaica and Atlanta on a ten-day trip.

Mr Lambert said he began inspecting Berkley?s bags and became suspicious because there were a large number of hair care products in the bags. He questioned Berkley about it and told the court that Berkley replied: ?I don?t want to go bald.? Mr. Lambert said he did not believe the answer because the defendant had a full head of hair.

He began to X-ray items and it was at this point that the defendant grew quiet and looked away, Mr. Lambert said. He told the court that he also asked the defendant if he had used drugs while abroad and told him he would test him for drugs.

The ion swab of Berkley?s body came back negative for the presence of drugs. Mr. Lambert then said he informed the man he would like to X-ray him in order to see if he ingested any drugs. In order to X-ray a person Customs agents must obtain their permission first. Berkley refused.

Defence lawyer Victoria Pearman suggested that her client became upset at this point, which Mr. Lambert confirmed. He also confirmed that eventually the man agreed to be X-rayed. Ms Pearman suggested that the officer had told her client that he would have to be X-rayed or stay in the hospital until he had a bowel movement. Mr. Lambert denied that he said that.

The following day the defendant was taken to the location he listed as his residence on his declaration form when he returned to the Island, Mr. Lambert said. Police found a vacant lot though the defendant pointed to garbage bags and said they were his possessions. Ms Pearman asked Mr. Lambert if her client informed them that he used to live at the house next door, something he denied. Police then obtained information from an anonymous source that the defendant lived elsewhere, he added.

Mr. Lambert?s cross-examination took most of the day. Crown counsel Graveney Bannister is expected to call another witness today.